I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.
When one owner is holding up the sale of real estate, the other owner(s) have the ability to file a Petition for Partition by Sale, which means that a judge can order them to comply with the sale. If necessary, a judge can order them to sign papers right there in court to allow the sale to proceed. However, Small Claims Court unfortunately does not have that authority. You'd have to file in the regular civil court.
Another option is to look up the filing fees for your area, then send the heirs a letter explaining that if she refuses to cooperate with the sale and forces you to go to court, you will get the judge to order her to reimburse you for that fee out of her share of the proceeds in the sale. The fees usually aren't huge, but it's often over $100.
Every owner needs to be a party to the lawsuit. Ask those who agree with you if they're willing to join as plaintiffs. Those who are not willing to help with the sale or the court case all need to be listed as defendants. All defendants will split the filling fees after you win.
You're not required to have a lawyer, but having one may help. You can also try seeing if you www.legalzoom.com or www.uslegalforms.com can help you create the petition.
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